Articles Posted in Conversion

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Indianapolis, Indiana – A lawyer for Plaintiff Joe Hand Promotions, Inc. of Feasterville, Pennsylvania filed an intellectual property lawsuit in the Southern District of Indiana alleging that Angelina S. Alford, individually and d/b/a Tag’s Pub and Eatery LLC of Frankfort, Indiana, unlawfully intercepted Plaintiff’s program.

Joe Hand distributes digital content. It asserts that it holds exclusive domestic rights to the commercial distribution of “Ultimate Fighting Championship 167: Georges St. Pierre v. Johny Hendricks.” In an intellectual property complaint filed yesterday, Joe Hand accuses Alford and Tag’s Pub and Eatery LLC, of which Alford is allegedly an officer, of illegally intercepting the program on November 16, 2013.

In addition to interception, the allegations against Defendants include reception, publication, divulgence, display, exhibition, and “tortuous” [sic] conversion of the program. Joe Hand asserts that the acts were “willful, malicious, egregious, and intentionally designed to harm Plaintiff, Joe Hand Promotions, Inc., by depriving Plaintiff of the commercial license fee to which Plaintiff was rightfully entitled to receive from them.” Joe Hand contends that by doing so, “the Defendants subjected the Plaintiff to severe economic distress and great financial loss.” As a result of these alleged acts, Defendants have been have been accused in this lawsuit of violating 47 U.S.C. § 605 and 47 U.S.C. § 553 as well as conversion.

Joe Hand seeks statutory damages of $110,000 for each violation of 47 U.S.C. § 605; $10,000 for each violation of 47 U.S.C. § 553; $50,000 for each willful violation of 47 U.S.C. § 553; compensatory and punitive damages on the claim of conversion; costs; and attorney’s fees.

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Indianapolis, Indiana – Via its intellectual property counsel, Plaintiff J & J Sports Productions, Inc. of Campbell, California (“J & J Sports”) filed two separate intellectual

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 property complaints in the Southern District of Indiana alleging unlawful interception and broadcast of “The One” on Saturday, September 14, 2013.

The Defendants in the first lawsuit are Alejandro Soriano Perez, individually and d/b/a El Palenque Restaurant, and El Palenque, #1 LLC, of Noblesville, Indiana. In the second lawsuit, J & J Sports sued Edis Mejia, individually and d/b/a LaCasacada Authentic Mexican Restaurant and Mejia-Miranda, Inc. of Elwood, Indiana.

J & J Sports states that it is the exclusive domestic commercial closed-circuit distributor of the Program. It has sued the Defendants under the Communications Act of 1934 and The Cable & Television Consumer Protection and Competition Act of 1992. Specifically, Defendants have been accused of violating 47 U.S.C. § 605 and 47 U.S.C. § 553 by displaying the Program at issue on September 14, 2013 without an appropriate license. A count of conversion is also included in both lawsuits.

Plaintiff has sued the non-LLC Defendants as individuals, alleging that they had the right and ability to supervise the activities of the commercial establishments that allegedly engaged in the illegal interception. J & J Sports asserts that the activities that they supervised included the unlawful interception of Plaintiff’s “The One” Program.

J & J Sports also contends that the individual Defendants specifically directed the employees of the restaurants to unlawfully intercept and broadcast Plaintiff’s Program at the commercial establishments or, if they did not, that the actions of the employees of the restaurants are directly imputable to the Defendants sued as individuals by virtue of their purported responsibility for the activities of their respective establishments.

In these two Indiana interception complaints, the intellectual property attorney for J & J Sports listed the following counts:

• Count I: Violation of Title 47 U.S.C. § 605
• Count II: Violation of Title 47 U.S.C. § 553

• Count III: Conversion

J & J Sports asks for damages, as well as costs and attorneys’ fees.

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Fort Wayne, Indiana – Via its intellectual property counsel, Plaintiff J & J Sports Productions, Inc. of Campbell, California (“J & J Sports”) filed three separate intellectual property complaints in the Northern District of Indiana alleging unlawful interception and broadcast of “The One” on Saturday, September 14, 2013.

The Defendants in the first lawsuit are Leonor Navarro and Sergio Navarro, individually and d/b/a La Santa Anita Family Grill, and Navarro Family Restaurant LLC, also d/b/a La Santa Anita Family Grill, all of Fort Wayne, Indiana. In the second lawsuit, J & J Sports sued Marco Puente, individually and d/b/a Estrella’s Sports Bar and Rumurs LLC, also d/b/a Estrella’s Sports Bar, both of Hammond, Indiana. Defendant Virginia Ramirez of Fort Wayne, Indiana was sued individually and d/b/a La Puerta Negra in the third complaint.

J & J Sports states that it is the exclusive domestic commercial closed-circuit distributor of the Program. It has sued the Defendants, both individually and doing business as commercial entities, under the Communications Act of 1934 and The Cable & Television Consumer Protection and Competition Act of 1992. Specifically, Defendants have been accused of violating 47 U.S.C. § 605 and 47 U.S.C. § 553 by displaying the Program at issue on September 14, 2013 without an appropriate license. A count of conversion is also included in each lawsuit.

Plaintiff has sued the non-LLC Defendants as individuals, alleging that they had the right and ability to supervise the activities of the commercial establishments that allegedly engaged in the illegal interception. J & J Sports asserts that the activities that they supervised included the unlawful interception of Plaintiff’s Program.

J & J Sports contends that the individual Defendants specifically directed the employees of the restaurants to unlawfully intercept and broadcast Plaintiff’s Program at the commercial establishments or, if they did not, that the actions of the employees of the restaurants are directly imputable to the Defendants sued as individuals by virtue of their purported responsibility for the activities of their respective establishments.

In all of these Indiana interception complaints, the intellectual property attorney for J & J Sports listed the following counts:

• Count I: Violation of Title 47 U.S.C. § 605
• Count II: Violation of Title 47 U.S.C. § 553

• Count III: Conversion

J & J Sports asks for damages, as well as costs and attorneys’ fees.

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Indianapolis, Indiana – Indiana intellectual property lawyers for Angie’s List Inc. of Indianapolis, Indiana sued in the Southern District of Indiana alleging theft of trade secrets. The Defendants in this litigation are AmazonLocal LLC of Seattle, Washington, Michael Albo, Kristin Baker, Dan Beary, Colton Bozigian, Jake Connerton, Adam DiVincenzo, Brandon Goodwyn, Kristen Haught, Justin Hillman, Amit Jain, Joshua Keezer, Olivia Landergan, Daniel Malamud, Raissa Masket, Samantha McDonald, Jason Patrao, Sharon Porter, Darren Reinstein, Billy Restrepo, Michael Shmunis, and Jacquelyn Vail.

In its 42-page complaint, Angie’s List alleges that competing business Amazon Local

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and some of its employees misappropriated proprietary information belonging to Angie’s List by fraudulently obtaining membership accounts and, using this members-only access, obtained and misused proprietary information about thousands of service providers about which Angie’s List had gathered data.

Indianapolis, Indiana – An Indiana state court complaint filed by Indiana trademark attorneys for 7E Fit Spa Licensing Group LLC, 7E Holdings 1 LLC, and 7E LLC was removed to the Indianapolis Division of the Southern District of Indiana upon the request of trademark lawyers for Defendants 7EFS of Highlands Ranch, LLC, Spectrum Medspa, Gordon Smith and Jane Smith.

Plaintiffs contend that they entered into various agreements with Defendants, including licensing and operating agreements, and that Defendants breached portions of one or more of the agreements in the operation of Defendants’ Littleton, Colorado business establishment.

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Defendants are accused of violating the Lanham Act – 15 U.S.C. § 1114(a), 15 U.S.C. § 1125(a) and 15 U.S.C. § l 125(c) – as well as common law trademark infringement, unfair competition, breach of contract, tortious interference, breach of fiduciary duties and conversion.

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South Bend, Indiana – Trademark attorneys for Integrity Trade Services, Inc. (“ITS”) of Frankfort, Illinois filed an intellectual property complaint in the Northern District of Indiana naming as Defendants Integrity Employment Partners, LLC, Integrity Trade Services, LLC, Janice Hernandez, James Hernandez, Michaela Williams, and Jason Reis, all of Indiana, and alleging multiple claims, including trademark infringement, conversion of ITS trade secrets, breach of contract, and tortious interference with business relationships.

ITS is a national staffing services company, doing businesses in multiple states, including Indiana, Florida, Illinois, and Texas. ITS is wholly owned by John E. Cumbee, III. In 2008, ITS acquired all of the operational assets of the Knox, Indiana branch of a staffing company owned by CES America, Inc. ITS also hired most, if not all, of the CES employees then working at the Knox facility, including defendants James and Janice Hernandez.

ITS contends that, since purchasing the Knox facility, it has invested well over $1 million to build the Knox business and the ITS brand as it is related to that facility. It asserts in this federal lawsuit, inter alia, that Defendants conspired to convert ITS’ customers, employees and trade secrets for their own use.

The accused in this case are husband and wife Janice Hernandez and James Hernandez; several family members of Janice Hernandez, including Michaela Williams, and Jason Reis; and two entities apparently owned by the Hernandezes, Integrity Employment Partners, LLC, Integrity Trade Services, LLC.

Defendant James Hernandez (“James”) worked for ITS from the time that ITS acquired the business until April 30, 2015 when he was fired. ITS asserts that James engaged in a conspiracy to solicit away and convert (a) ITS’ office employees at the Knox location, (b) at least the active ITS field employees servicing the Knox location, and (c) customers comprising the Knox-area business. He is accused of attempting to transfer them to Integrity Employment Partners, LLC, an Indiana limited liability company formed to process the Knox business converted from ITS for his benefit and the benefit of the other co-conspirators.

Defendant Janice Hernandez (“Janice”), also became employed by ITS when ITS was acquired from its prior owner. She has been accused of not only being an integral part of the alleged conspiracy but also of being “likely its “‘mastermind.'” Defendant Michaela Williams is Janice’s daughter. Defendant Jason Reis is the ex-son-in-law of James and Janice, having been married to another of Janice’s daughters.

ITS states that, in the last two weeks in April 2015, it discovered various anomalies in the Knox business. These anomalies alerted ITS to the activities that triggered this federal lawsuit. They included a drop off in weekly gross sales, the formation of Integrity Employment Partners, LLC (“IEP”), and checks issued by existing ITS customers made payable to IEP (and not ITS).

Defendants are accused of orchestrating a scheme to confuse ITS’ customers and employees regarding with which staffing businesses using the name “Integrity” – Plaintiff’s firm or Defendants’ firms – those customers and employees were transacting business. In doing so, ITS contends, Defendants attempted with some success to convert ITS’ business assets and relationships for Defendants’ benefit. Allegations of criminal conduct by Defendants were also made. In a 48-page complaint, filed by trademark lawyers for Plaintiff, those claims and others are made:

• Count I: Federal Trademark Infringement
• Count II: Federal Unfair Competition
• Count III: Illinois Deceptive Trade Practices Act
• Count IV: Breach of Fiduciary Duty
• Count V: Breach of Agreement
• Count VI: Tortious Interference with Contract
• Count VII: Tortious Interference with Business Relationships
• Count VIII: Conversion
• Count IX: Computer Fraud and Abuse Act
• Count X: Uniform Trade Secrets Act
• Count XI: Civil Conspiracy
• Count XII: Unjust Enrichment

• Count XIII: Breach of Contract

Plaintiff asks the court for, inter alia, injunctive relief, compensatory damages, punitive damages, attorneys’ fees, interest and costs.

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Hammond, Indiana – An intellectual property attorney for J & J Sports Productions, Inc. (“J & J Sports”) of Campbell, California filed two federal lawsuits in the Northern District of Indiana, both alleging illegal interception of a cable signal for the Floyd Mayweather, Jr. v. Robert Guerrero, WBC Welterweight Championship Fight Program (“Program”). One lawsuit named Jorge Zamora, individually and d/b/a El Sombrero Bar of East Chicago, Indiana. The other lawsuit named JP & P, Corporation and Jose L. Gonzalez, individually, both d/b/a Michigan Avenue Bar and Grill of Hammond, Indiana.

J & J Sports states that it is the exclusive domestic commercial closed-circuit distributor of the Program. It has sued multiple Defendants, both individually and doing business as commercial entities, under the Communications Act of 1934 and The Cable & Television Consumer Protection and Competition Act of 1992. Specifically, Defendants have been accused of violating 47 U.S.C. § 605 and 47 U.S.C. § 553 by displaying the Program at issue on May 4, 2013 without an appropriate license. A count of conversion is also included.

Plaintiff has sued two Defendants as individuals, alleging that they had the right and ability to supervise the activities of the commercial establishments that allegedly engaged in the illegal interception. J & J Sports asserts that the activities that they supervised included the unlawful interception of Plaintiff’s Program. J & J Sports contends that the individual Defendants specifically directed the employees of the restaurants to unlawfully intercept and broadcast Plaintiff’s Program at the commercial establishments or, if they did not, that the actions of the employees of the restaurants are directly imputable to the Defendants sued as individuals by virtue of their purported responsibility for the activities of their respective restaurants. In the second lawsuit, a corporate Defendant has also been sued. This lawsuit also lists “Loida Chavarria as a Defendant in paragraph 10, although she has not been listed as a Defendant in the caption of the complaint.

In both of these interception complaints, the intellectual property attorney for J & J Sports listed the following counts:

• Count I: Violation of Title 47 U.S.C. § 605
• Count II: Violation of Title 47 U.S.C. § 553

• Count III: Conversion

J & J Sports asks for damages, as well as costs and attorneys’ fees.

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Indianapolis, Indiana – An intellectual property attorney for G & G Closed Circuit Events, LLC (“G & G”) of Campbell, California initiated a lawsuit in the Southern District of Indiana alleging that Elsa Valdez and Tikal #2, Inc., both of Indianapolis, Indiana, illegally intercepted and broadcast the Saul Alvarez v. Austin Trout fight program (the “Program”).

G & G states that it holds exclusive nationwide rights to the commercial, closed-circuit distribution of the Program. It has sued Elsa Valdez and Tikal #2, both individually and doing business as Sabor Latino Bar a/k/a Johnny’s Park Inn Restaurant & Bar, under the Communications Act of 1934 and the Cable & Television Consumer Protection and Competition Act of 1992.

As in another recent lawsuit brought by G & G alleging interception, Defendants have been accused of violating 47 U.S.C. § 605 and 47 U.S.C. § 553 by displaying the Program on Saturday, April 20, 2013 without an appropriate license. Regarding the claim under 47 U.S.C. §605, G & G’s Indiana federal complaint alleges that with “full knowledge that the Program was not to be intercepted…[and] exhibited” without authorization, “each and every one of the above named Defendants . . . did unlawfully … exhibit the Program” for the purpose of commercial advantage and/or private financial gain. A count of conversion is also included. The complaint asserts that Defendants’ acts were “willful, malicious, egregious, and intentionally designed to harm Plaintiff.”

In the complaint, the intellectual property lawyer for G & G listed the following counts and requests for redress:

• Count I: Violation of Title 47 U.S.C. § 605. For this count, G & G states that it is entitled to (a) statutory damages for each willful violation in an amount of $100,000, and (b) the recovery of all costs, including reasonable attorneys’ fees. Later in the complaint, the intellectual property attorney for G & G requests statutory damages of $110,000.
• Count II: Violation of Title 47 U.S.C. § 553. For this count, G & G asks the court for (a) statutory damages of $60,000 for each willful violation; (b) the recovery of all costs; and (c) and in the discretion of the court, reasonable attorneys’ fees.

• Count III: Conversion. For this count, the court is asked to order both compensatory and punitive damages from Defendants as the result of the Defendants’ allegedly egregious conduct, theft, and conversion of the program and deliberate injury to Plaintiff. G & G also seeks costs and attorneys’ fees under this count.

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Indianapolis, Indiana – An intellectual property attorney for G & G Closed Circuit Events, LLC (“G & G”) of Campbell, California filed an intellectual property lawsuit in the Southern District of Indiana alleging that Zeferino Alvarez and Sabor Bohemio, LLC, both d/b/a El Bohemio Bar of Indianapolis, Indiana illegally intercepted and broadcast the Saul Alvarez v. Austin Trout fight program (the “Program”).

G & G states that it holds exclusive nationwide rights to the commercial, closed-circuit distribution of the Program. It has sued Zeferino Alvarez and Sabor Bohemio, LLC, both individually and doing business as El Bohemio Bar under the Communications Act of 1934 and The Cable & Television Consumer Protection and Competition Act of 1992.

Specifically, Defendants have been accused of violating 47 U.S.C. § 605 and 47 U.S.C. § 553 by displaying the Program at issue on Saturday, April 20, 2013 without an appropriate license. Regarding the claim under 47 U.S.C. §605, the Complaint alleges that with “full knowledge that the Program was not to be intercepted…[and] exhibited” without authorization, “each and every one of the above named Defendants . . . did unlawfully … exhibit the Program” for the purpose of commercial advantage and/or private financial gain. A count of conversion is also included. The complaint asserts that Defendants’ acts were “willful, malicious, egregious, and intentionally designed to harm Plaintiff.”

In the complaint, the intellectual property lawyer for G & G listed the following counts and requests for redress:

• Count I: Violation of Title 47 U.S.C. § 605. For this count, G & G requests (a) statutory damages for each willful violation in an amount to $100,000.00, and (b) the recovery of all costs, including reasonable attorneys’ fees.

• Count II: Violation of Title 47 U.S.C. § 553. For this count, G & G asks the court for (a) statutory damages of $60,000 for each willful violation; (b) the recovery of all costs; and (c) and in the discretion of the court, reasonable attorneys’ fees.

• Count III: Conversion. For this count, the court is asked to order both compensatory and punitive damages from Defendants as the result of the Defendants’ allegedly egregious conduct, theft, and conversion of the program and deliberate injury to G&G.

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Indianapolis, Indiana – Indiana intellectual property lawyers for Precision Drone, LLC of Hamilton County, Indiana (“Precision”) commenced trade secret litigation in Hamilton County Superior Court alleging that Channel Masters, LLC of Wisconsin (“Channel”) breached its contract with Precision by improperly misappropriating and revealing trade secrets belonging to Precision.

Precision designs, engineers, manufactures and sells drones for use by farmers to monitor crops. It also develops and sells related software. Defendant Channel connects companies offering products to dealers of those products.

According to the complaint, in September 2014, Precision engaged Channel to sell the PaceSetter™ Drone to dealers of such products. To assist in Channel’s sales efforts, Precision provided Channel with equipment and training, some of which Precision contends is protected by Indiana trade secret law. As part of the sales agreement that the parties entered into, Precision states that Channel was prohibited from disclosing any of Precision’s confidential information without written authorization. The agreement also prohibited Channel from adversely interfering with Precision’s customers and prospective customers.

Plaintiff Precision alleges that, while Channel was working for Precision, it was also promoting and selling crop-imaging drones offered by AgriImage, a company that competes with Precision. Plaintiff also contends that Channel used Plaintiff’s images and training manual to demonstrate the competing AgriImage drones.

Precision claims copyright protection for the website that it uses to promote and advertise its products, as well as contending that at least one of its images was improperly displayed at a trade show by Channel, but the complaint listed no overt assertion of copyright infringement. The complaint, filed by Indiana intellectual property attorneys for Precision, instead alleges the following:

• Count I: Breach of Contract

• Count II: Misappropriation of Trade Secrets

Precision seeks judgment in its favor including damages, attorneys’ fees and costs.

Indiana copyright lawyers for Channel have removed the case to the Southern District of Indiana, arguing that such a removal is proper based both on federal question jurisdiction and diversity of citizenship.

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